Adultry and Military Punishment
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Old 02-06-2012, 10:00 PM   #1 (permalink)
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Default Adultry and Military Punishment

I keep reading on here whenever someone who has a military spouse cheat on them that they should be reported to thier CO.... Here are some simple clarifications about that.

Adultry is punishiable under the UCMJ, and I have seen it happen.

If you go to the wayward's CO, there will be an investigation. If the command believes there is enough evidence to suggest that there is misconduct, they will be taken to non judicial punishment (NJP) and dealt with accordingly by their CO.

However let me stress the fact that no CO is going to take rank and pay from someone without clear evidence of misconduct. the CO has looser rules of evidence than a court, but just an accusation is not enough without some kind of evidence to back that up.

I wanted to clear this up because I have investigated alot of claims of adultry and without hard evidence, the case is going to be dropped.
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Old 02-06-2012, 11:19 PM   #2 (permalink)
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Default Re: Adultry and Military Punishment

Thank you..i needed this help..
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Old 02-06-2012, 11:20 PM   #3 (permalink)
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Default Re: Adultry and Military Punishment

Exactly.
And when spousal rape and other acts of sexual non-consent occur, the prosecutor's office can't always prosecute the crime either. It's all about evidence and damages. Adultery works out better if there's a child or std involved that's traceable by dna. Even video or audio can be forged nowadays, or claimed to be set up.
Basically, your best option is to keep your money from the attorneys.
And save your paperwork for the divorce, or for the truly hopeful, counseling (preferably individual, for yourself). Military counseling is also quite a letdown. It's geared towards getting people in a state where they can do their job. Anything more than that needs to be taken care of by the military member on their own time. Still, filing a complaint with a prosecutor's office and letting the CO know with a courtesy call that there might be trouble down the line, is a great way of putting pressure on your Sweetie who is wandering and toeing the line. If nothing else, it buys you time to get your act together while your Hero is scrambling to make his boss happy and avoid making the unit look like scre*ups who have so much free time that they don't know what to do with it except play with their other 'gun'.
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Old 02-08-2012, 08:00 AM   #4 (permalink)
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Just know that if it is a single income household, you will be suffering too. So make sure you exhaust all options, counselling, etc, before jumping the gun.
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Old 02-08-2012, 08:21 AM   #5 (permalink)
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Default Re: Adultry and Military Punishment

Honestly most military commanders will do nothing about this; "unless" it somehow disrupts the unit, or otherwise creates a problem within the command.. In 99% of cases it will get kicked back down the the members SNCOIC and he/she will tell them to knock it off.

You have to remember that is generally more embarrassing for the command to admit there is an affair (one of its members is acting in a way that could bring discredit to the command) and actually have to persecute it than to brush it under the rug..
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Old 02-08-2012, 09:02 AM   #6 (permalink)
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Default Re: Adultry and Military Punishment

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Honestly most military commanders will do nothing about this; "unless" it somehow disrupts the unit, or otherwise creates a problem within the command.. In 99% of cases it will get kicked back down the the members SNCOIC and he/she will tell them to knock it off.

You have to remember that is generally more embarrassing for the command to admit there is an affair (one of its members is acting in a way that could bring discredit to the command) and actually have to persecute it than to brush it under the rug..
this is especially true. If it doesn't affect their performance or the unit, its not an issue. Unless you go into the squadron acting a fool and causing a scene.
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Old 02-08-2012, 09:19 AM   #7 (permalink)
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Default Re: Adultry and Military Punishment

Retired Military here!

While adultery is listed as a criminal offense in the UCMJ, it is very rarely prosecuted in a court-martial. The few times I have seen it referred to a court, the adultery charge was a minor additional offense included with other offenses. Adultery is prosecuted under Article 134, UCMJ. Art. 134 offenses include an additional element - that the adultery must be service discrediting or prejudicial to good order and discipline. This additional element is why adultery is rarely prosecuted in court. The UCMJ lists many factors for Commanders to consider when deciding what to do with an adultery case. The usual factor that is most likely to have an effect on whether the case is prosecuted is whether the adulterous act had a direct impact on the mission and/or unit.

The military does handle adultery in other ways, such as administrative actions (letters of reprimand) or Art. 15 non-judicial punishment.

Lastly, if a soldier's Command learns of adultery, Command will often issue a no-contact order to the soldier (to each person if both are in the service). A violation of the no-contact order is where the soldier would likely face disciplinary action.

Bottom Line....have as much evidence of sexual nature of affair as possible. The best scenario is if it involves another military member or spouse of military member.
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Old 02-08-2012, 09:39 AM   #8 (permalink)
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Default Re: Adultry and Military Punishment

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Originally Posted by ShootMePlz! View Post
Retired Military here!

While adultery is listed as a criminal offense in the UCMJ, it is very rarely prosecuted in a court-martial. The few times I have seen it referred to a court, the adultery charge was a minor additional offense included with other offenses. Adultery is prosecuted under Article 134, UCMJ. Art. 134 offenses include an additional element - that the adultery must be service discrediting or prejudicial to good order and discipline. This additional element is why adultery is rarely prosecuted in court. The UCMJ lists many factors for Commanders to consider when deciding what to do with an adultery case. The usual factor that is most likely to have an effect on whether the case is prosecuted is whether the adulterous act had a direct impact on the mission and/or unit.

The military does handle adultery in other ways, such as administrative actions (letters of reprimand) or Art. 15 non-judicial punishment.

Lastly, if a soldier's Command learns of adultery, Command will often issue a no-contact order to the soldier (to each person if both are in the service). A violation of the no-contact order is where the soldier would likely face disciplinary action.

Bottom Line....have as much evidence of sexual nature of affair as possible. The best scenario is if it involves another military member or spouse of military member.


Also retired military here.

If you decide to report your spouse to his command, always have the evidence in hand, including dates, times, and the facts. Because a good commander will not offer NJP (Article 15) without consulting the JAG first, in the even that the servicemember decides to turn down the offer and opt for a trial (court martial). The evidence needs to be able to hold up in court.
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Old 02-08-2012, 01:24 PM   #9 (permalink)
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Honestly most military commanders will do nothing about this; "unless" it somehow disrupts the unit, or otherwise creates a problem within the command.. In 99% of cases it will get kicked back down the the members SNCOIC and he/she will tell them to knock it off.

You have to remember that is generally more embarrassing for the command to admit there is an affair (one of its members is acting in a way that could bring discredit to the command) and actually have to persecute it than to brush it under the rug..
Actually, that isn't true. If something is brought up to the CO, they usually act on it. If they did nothing and the spouse goes to their Congressman about the lack of action. It's a career killer for the CO. SO, if there's evidence then the CO with act in accordance with the UCMJ. If there isn't enough, they usually give a direct order for that military member to have no contact with WW or WH. If they find out that contact is still happening, then they can hammer the military member for article 92, disobeying a lawful order,
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Old 02-08-2012, 02:48 PM   #10 (permalink)
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Default Re: Adultry and Military Punishment

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Actually, that isn't true. If something is brought up to the CO, they usually act on it. If they did nothing and the spouse goes to their Congressman about the lack of action. It's a career killer for the CO. SO, if there's evidence then the CO with act in accordance with the UCMJ. If there isn't enough, they usually give a direct order for that military member to have no contact with WW or WH. If they find out that contact is still happening, then they can hammer the military member for article 92, disobeying a lawful order,


Contacting a congressman is usually a last resort. The mere threat of a dependent contacting a senator/congressman and having a congressional inquiry usually spurs action. I wont give details, but I merely mentioned to my First Sergeant that I was contacting my senator about a completely unrelated matter, and within a few hours, the wheels were greased and they were solving my other matter.

Having a certain amount of congressional inquiries also affects the base commander because it the inquiry goes to the base commander first, then he/she is chewing out the unit commander about the congressional inquiry.
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Old 06-30-2013, 02:45 PM   #11 (permalink)
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Default Re: Adultry and Military Punishment

Quote:
Originally Posted by crazyconfused View Post
I keep reading on here whenever someone who has a military spouse cheat on them that they should be reported to thier CO.... Here are some simple clarifications about that.

Adultry is punishiable under the UCMJ, and I have seen it happen.

If you go to the wayward's CO, there will be an investigation. If the command believes there is enough evidence to suggest that there is misconduct, they will be taken to non judicial punishment (NJP) and dealt with accordingly by their CO.

However let me stress the fact that no CO is going to take rank and pay from someone without clear evidence of misconduct. the CO has looser rules of evidence than a court, but just an accusation is not enough without some kind of evidence to back that up.

I wanted to clear this up because I have investigated alot of claims of adultry and without hard evidence, the case is going to be dropped.
I was active duty and My Ex husband and the girl he had the affair were on the same ship. Nothing happened. I am a great sailor never got in trouble and a whole lot better than those two and I still they did nothing and he had a dui he concealed and got to retire and won in court and I did not cheat on him but he won. I wrote Inspector General and told them he got a dui he concealed and got capped and they did nothing. Now I am full of hate for the career I loved and for my ex-husband. I am resorted to expose is ENTIRE CHAIN OF COMMAND AND HIM AS WELL. I lost everything and now I am the one struggling and he is living with this woman. No with everything in my body I am going to turn him in and get a answer from my senator as to why a dirtbag like that gets to retire when they sent him to mast 8 months before retirement.
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Old 06-30-2013, 02:56 PM   #12 (permalink)
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Default Re: Adultry and Military Punishment

Quote:
Originally Posted by ShootMePlz! View Post
Retired Military here!

While adultery is listed as a criminal offense in the UCMJ, it is very rarely prosecuted in a court-martial. The few times I have seen it referred to a court, the adultery charge was a minor additional offense included with other offenses. Adultery is prosecuted under Article 134, UCMJ. Art. 134 offenses include an additional element - that the adultery must be service discrediting or prejudicial to good order and discipline. This additional element is why adultery is rarely prosecuted in court. The UCMJ lists many factors for Commanders to consider when deciding what to do with an adultery case. The usual factor that is most likely to have an effect on whether the case is prosecuted is whether the adulterous act had a direct impact on the mission and/or unit.


Thanks another lie I am also active and it did nothing for me. I hate the Navy and how they do not hold people accountable. I have decided to go to my congressman to ask why can a 16 year sailor (husband) who got a dui that he concealed got capped and nothing happened?

The military does handle adultery in other ways, such as administrative actions (letters of reprimand) or Art. 15 non-judicial punishment.

Lastly, if a soldier's Command learns of adultery, Command will often issue a no-contact order to the soldier (to each person if both are in the service). A violation of the no-contact order is where the soldier would likely face disciplinary action.

Bottom Line....have as much evidence of sexual nature of affair as possible. The best scenario is if it involves another military member or spouse of military member.
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Old 06-30-2013, 03:32 PM   #13 (permalink)
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Default Re: Adultry and Military Punishment

I spent 25 years in the military and saw very few cases of adultery prosecuted. It's just too common, the court would be full. I was an AF 1st Sgt. for awhile in a training Squadron and I was forever kicking out women from the trainees rooms, a lot of them married the other person in the room were military and married. Usually the only thing I did was have them report to the school's Commandant first thing in the morning, who usually gave them a letter of reprimand, which just kind of disappears when they go to their permanent unit. If they already had behavioral problems this might get them kicked out of the school or the service but that rarely happens on adultery alone. The only time adultery is a real issue is when it is between an officer and enlisted member or senior NCO and a junior enlisted member. I have seen jail time given for this two or three times in 25 years.
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Old 06-30-2013, 04:10 PM   #14 (permalink)
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Default Re: Adultry and Military Punishment

Quote:
Originally Posted by Bandit View Post
Honestly most military commanders will do nothing about this; "unless" it somehow disrupts the unit, or otherwise creates a problem within the command.. In 99% of cases it will get kicked back down the the members SNCOIC and he/she will tell them to knock it off.

You have to remember that is generally more embarrassing for the command to admit there is an affair (one of its members is acting in a way that could bring discredit to the command) and actually have to persecute it than to brush it under the rug..
I would have agreed with you until just recently when sexual misconduct became such a hot button issue with the rapes... This is a great time to report such stuff.

And as an ex vet, I'd do so.
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Old 06-30-2013, 04:59 PM   #15 (permalink)
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When I was in our 1st sergeant was having an affair with our unit CO. Everyone knew, including the base command, and nobody did squat until the 1st sergeant's wife showed up and punched out the CO. Then she (CO) got transferred, but that was it.
I saw married men have affairs with other men where everyone knew about it and nobody did anything.
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